ADM. REVIEW DOCKET NO.: EC430172RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EC430172RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
242 MOTT STREET NOS.: 7MD05534M
REALTY CORP. EA420007BO
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 242 Mott Street, N.Y.C. 10012.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, EA420007BO was
issued on February 23, 1990. In the order, the Administrator
affirmed the finding of 7MD05534M issued November 15, 1989, that
the owner be denied eligibility for a 1986/87 Maximum Base Rent
(MBR) increase, due to the owner's "failure to send Copy of Payment
check, front and rear, with dates clearly indicated."
On appeal, the owner states that the fee payment represented
by the check was submitted on a timely basis, and submits alleged
proof thereof.
The owner submits a front and back Copy of its Check # 160,
drawn on Chemical Bank, dated October 10, 1989, payable to NYS-in
the amount of $180.00.
The Commissioner is of the opinion that this petition should
be granted.
ADM. REVIEW DOCKET NO.: EC430172RO
An examination of the record reveals that the owner submitted
the fee payment and was placed in this file and was logged in by a
DHCR employee.
The Commissioner is thus of the opinion that,as there was
evidence that the fee Payment was filed by the owner on a timely
basis and inasmuch as this evidence was available to the
Administrator, the Administrator was therefore in error in finding
that the owner had failed to pay its MBR fee on a timely basis and
thus postponing the owner eligibility.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is granted, and that the order of the Rent
Administrator be, and the same hereby is, revoked. The owner is
hereby granted eligibility to raise MBRs at the subject premises
for 1986/87, effective January 1, 1986, subject to the terms and
conditions on the attached sheet.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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